| SCN T & C |
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| Written by Steve Craig |
| Sunday, 10 January 2010 12:42 |
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ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT Stevecraig.net AND ITS SUBSIDIARIES (COLLECTIVELY "Stevecraig.net") MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT Stevecraig.net MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “Stevecraig.net WEBSITES.” Use of Stevecraig.net WebsitesExcept as set forth in “Other agreements; software, services or access”, below, Stevecraig.net authorizes you to use the Stevecraig.net Websites only for your own personal, non-commercial purposes. Use of the Stevecraig.net Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Stevecraig.net, Stevecraig.net owns the Stevecraig.net Websites. The Stevecraig.net Websites is protected under United States and international copyright laws. Any unauthorized use of the Stevecraig.net Websites may violate copyright, trademark, and other laws. AccessYou are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Stevecraig.net Websites and for paying all charges related thereto. When you register to open an account anywhere on the Stevecraig.net Websites, or when you contact Stevecraig.net through the Stevecraig.net Websites for the purpose of receiving products or services, Stevecraig.net may collect certain personal information about you. Stevecraig.net’s use of such information is governed by the provisions of http://stevecraig.net/SCN for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Stevecraig.net Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Stevecraig.net Websites password and you are solely responsible for all activities that occur under your password. You agree to notify Stevecraig.net immediately of any unauthorized use of your password or any other breach of security related to the Stevecraig.net Websites. Stevecraig.net reserves the right to require you to change your password if Stevecraig.net believes that your password no longer is secure. Access to Stevecraig.net Websites granted under other separately executed agreements by Stevecraig.net and You shall supersede the terms contained in this Section. Prohibited uses
Termination
DisclaimersTHE Stevecraig.net WEBSITES IS PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Stevecraig.net WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT Stevecraig.net, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. Stevecraig.net EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE Stevecraig.net WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Stevecraig.net MAKES NO WARRANTY THAT THE Stevecraig.net WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE Stevecraig.net WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE Stevecraig.net WEBSITES WILL BE CORRECTED. Stevecraig.net MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Stevecraig.net WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Stevecraig.net WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE Stevecraig.net WEBSITES OR FROM Stevecraig.net, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE Stevecraig.net PARTIES”) SHALL CREATE ANY WARRANTY. Stevecraig.net DISCLAIMS ALL EQUITABLE INDEMNITIES. Limitation of liabilityIN NO EVENT WILL ANY OF THE Stevecraig.net PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE UNITED STATES (US$1.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE Stevecraig.net WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE Stevecraig.net WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY Stevecraig.net PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES. Exclusions and limitations
Other agreements; software, services or accessStevecraig.net may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to Stevecraig.net Websites under the terms of a separate agreement between you and Stevecraig.net (each, an “Other Agreement”). Stevecraig.net’s obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements. Modifications to Stevecraig.net WebsitesStevecraig.net reserves the right to modify, suspend, or discontinue the Stevecraig.net Websites at any time without notice to you. For example, Stevecraig.net may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Stevecraig.net makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local Stevecraig.net business contact for information regarding the products, programs, and services that may be available to you. User submissionsCertain areas of the Stevecraig.net Websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to Stevecraig.net an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Stevecraig.net deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technol ogy, product, or service). Stevecraig.net reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Stevecraig.net may, but is not obligated to, pre-screen User Submissions or monitor any area of the Stevecraig.net Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Stevecraig.net is not required to host, display, or distribute any User Submissions on or through the Stevecraig.net Websites and may remove at any time or refuse any User Submissions for any reason. Stevecraig.net is not responsible for any loss, theft, or damage of any kind to any User Submissions. Stevecraig.net does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Stevecraig.net will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Stevecraig.net does not guarantee that you will have any recourse through Stevecraig.net or any third party to edit or delete any User Submission you have submitted. (a) you are at least 13 years old; Links to third-party websitesLinks on the Stevecraig.net Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Stevecraig.net Websites. Stevecraig.net is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Stevecraig.net does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Stevecraig.net Network, you do this entirely at your own risk. Linking to this SiteYou may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws. (a) may link to, but shall not replicate, any Materials (including any Stevecraig.net logo); TrademarksStevecraig.net and any other product or service name or slogan or logo contained in the Stevecraig.net Websites are trademarks of Stevecraig.net and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Stevecraig.net or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Stevecraig.net or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of Stevecraig.net without Stevecraig.net’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Stevecraig.net and may not be copied, imitated, or used (in whole or in part) without Stevecraig.net’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Stevecraig.net. (a) Microsoft, Windows and Windows Vista are either US registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries; and Procedure for making claims of infringementStevecraig.net respects the intellectual property rights of others. Accordingly, Stevecraig.net has a policy of removing User Submissions that violate copyright law, suspending access to the Stevecraig.net Websites (or any portion thereof) to any user who uses the Stevecraig.net Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Stevecraig.net Websites in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Stevecraig.net has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Stevecraig.net Websites, please provide written notice to the following Stevecraig.net agent for notice of claims of infringement: Attn: Steve Craig Your written notice must: (a) contain your physical or electronic signature; U.S. government restricted rightsAny Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities ("U.S. Government"), are subject to the provisions of FAR 12.211 - "Technical Data", and FAR 12.212 - "Computer Software" , or to clauses providing Stevecraig.net equivalent protections in DFARS or other agency specific regulations. International and export issuesStevecraig.net administers this Site from its offices in Jacksonville, Florida. Stevecraig.net makes no representation that the Stevecraig.net Websites is appropriate or available for use outside the United States and access to the Stevecraig.net Websites from territories where its contents are illegal or restricted is prohibited. If you choose to access the Stevecraig.net Websites from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Stevecraig.net Websites and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or U.S. Department of Commerce Entity List of proliferation concern IndemnificationYou agree to indemnify, defend, and hold harmless the Stevecraig.net Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. Stevecraig.net reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Stevecraig.net’s defense of such claim. Electronic communicationsWhen you visit the Site or send e-mails to Stevecraig.net, you are communicating with Stevecraig.net electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Stevecraig.net provides to you electronically satisfy any legal requirement that such communications be in writing. GeneralThese Terms, together with any additional terms to which you agree when using particular elements of the Stevecraig.net Websites, constitute the entire and exclusive and final statement of the agreement between you and Stevecraig.net with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Stevecraig.net with respect to such subject matter. The Stevecraig.net Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and Stevecraig.net shall be governed by the laws of the State of Florida as applied to agreements made, entered into, and performed entirely in Florida by Florida residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Stevecraig.net Websites shall be brought in the Federal or State courts located in Duval County, Florida, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Stevecraig.net to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Stevecraig.net and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Stevecraig.net Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Stevecraig.net. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Stevecraig.net without restriction. Modifications to these TermsStevecraig.net may, in its sole and absolute discretion, change these Terms from time to time. Stevecraig.net will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the Stevecraig.net Websites. Continued use of the Stevecraig.net Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Stevecraig.net Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded. |
| Last Updated on Friday, 25 June 2010 02:19 |